49 CFR Part 1546 — Foreign Air Carrier Security

PART 1546—FOREIGN AIR CARRIER SECURITY Authority: 49 U.S.C. 114, 5103, 40113, 44901-44905, 44907, 44914, 44916-44917, 44935-44936, 44942, 46105. Source: 67 FR 8377, Feb. 22, 2002, unless otherwise noted. Subpart A—General § 1546.1 Applicability of this part. This part prescribes aviation security rules governing the following: (a) The operation within the United States of each foreign air carrier holding a permit issued by the Department of Transportation under 49 U.S.C. 41302 or other appropriate authority issued by the former Civil Aeronautics Board or the Department of Transportation. (b) Each law enforcement officer flying armed aboard an aircraft operated by a foreign air carrier described in paragraph (a) of this section. § 1546.3 § 1546.3 [Reserved] Subpart B—Security Program § 1546.101 Adoption and implementation. Each foreign air carrier landing or taking off in the United States must adopt and carry out, for each scheduled and public charter passenger operation or all-cargo operation, a security program that meets the requirements of— (a) Section 1546.103(b) and subparts C, D, and E of this part for each operation with an aircraft having a passenger seating configuration of 61 or more seats; (b) Section 1546.103(b) for each operation that will provide deplaned passengers access to a sterile area, or enplane passengers from a sterile area, when that access is not controlled by an aircraft operator using a security program under part 1544 of this chapter or a foreign air carrier using a security program under this part; (c) Section 1546.103(b) for each operation with an airplane having a passenger seating configuration of 31 or more seats but 60 or fewer seats for which TSA has notified the foreign air carrier in writing that a threat exists; and (d) Section 1546.103(c) for each operation with an airplane having a passenger seating configuration of 31 or more seats but 60 or fewer seats, when TSA has not notified the foreign air carrier in writing that a threat exists with respect to that operation. (e) Sections 1546.103(b)(2) and (b)(4), 1546.202, 1546.205(a), (b), (c), (d), (e), and (f), 1546.207, 1546.211, 1546.213, and 1546.301 for each all-cargo operation with an aircraft having a maximum certificated take-off weight more than 45,500 kg (100,309.3 lbs.); and (f) Sections 1546.103(b)(2) and (b)(4), 1546.202, 1546.205(a), (b), (d), and (f), 1546.211, and 1546.301 for each all-cargo operation with an aircraft having a maximum certificated take-off weight more than 12,500 pounds but not more than 45,500 kg (100,309.3 lbs.). [67 FR 8377, Feb. 22, 2002, as amended at 71 FR 30511, May 26, 2006] § 1546.103 Form, content, and availability of security program. (a) General requirements. (1) Acceptable to TSA. (2) In English unless TSA requests that the program be submitted in the official language of the foreign air carrier's country. (b) Content of security program. (1) Prevent or deter the carriage aboard airplanes of any unauthorized explosive, incendiary, or weapon on or about each individual's person or accessible property, except as provided in § 1546.201(d), through screening by weapon-detecting procedures or facilities; (2) Prohibit unauthorized access to airplanes; (3) Ensure that checked baggage is accepted by a responsible agent of the foreign air carrier; and (4) Prevent cargo and checked baggage from being loaded aboard its airplanes unless handled in accordance with the foreign air carrier's security procedures. (c) Law enforcement support. (d) Availability. (1) Restrict the distribution, disclosure, and availability of sensitive security information, as defined in part 1520 of this chapter, to persons with a need to know; and (2) Refer requests for sensitive security information by other persons to TSA. [67 FR 8377, Feb. 22, 2002, as amended at 71 FR 30512, May 26, 2006] § 1546.105 Acceptance of and amendments to the security program. (a) Initial acceptance of security program. (b) Amendment requested by a foreign air carrier. (1) The proposed amendment must be filed with the designated official at least 45 calendar days before the date it proposes for the amendment to become effective, unless a shorter period is allowed by the designated official. (2) Within 30 calendar days after receiving a proposed amendment, the designated official, in writing, either approves or denies the request to amend. (3) An amendment to a foreign air carrier security program may be approved if the designated official determines that safety and the public interest will allow it, and the proposed amendment provides the level of security required under this part. (4) Within 45 calendar days after receiving a denial, the foreign air carrier may petition the Administrator to reconsider the denial. A petition for reconsideration must be filed with the designated official. (5) Upon receipt of a petition for reconsideration, the designated official either approves the request to amend or transmits the petition, together with any pertinent information, to the Administrator for reconsideration. The Administrator disposes of the petition within 30 calendar days of receipt by either directing the designated official to approve the amendment, or affirming the denial. (6) Any foreign air carrier may submit a group proposal for an amendment that is on behalf of it and other aircraft operators that co-sign the proposal. (c) Amendment by TSA. (1) The designated official notifies the foreign air carrier, in writing, of the proposed amendment, fixing a period of not less than 45 calendar days within which the foreign air carrier may submit written information, views, and arguments on the amendment. (2) After considering all relevant material, the designated official notifies the foreign air carrier of any amendment adopted or rescinds the notice. If the amendment is adopted, it becomes effective not less than 30 calendar days after the foreign air carrier receives the notice of amendment, unless the foreign air carrier petitions the Administrator to reconsider no later than 15 calendar days before the effective date of the amendment. The foreign air carrier must send the petition for reconsideration to the designated official. A timely petition for reconsideration stays the effective date of the amendment. (3) Upon receipt of a petition for reconsideration, the designated official either amends or withdraws the notice or transmits the petition, together with any pertinent information, to the Administrator for reconsideration. The Administrator disposes of the petition within 30 calendar days of receipt by either directing the designated official to withdraw or amend the amendment, or by affirming the amendment. (d) Emergency amendments. Subpart C—Operations § 1546.201 Acceptance and screening of individuals and accessible property. (a) Preventing or deterring the carriage of any explosive, incendiary, or weapon. (b) Screening of individuals and accessible property. (c) Refusal to transport. (1) Any individual who does not consent to a search or inspection of his or her person in accordance with the system prescribed in this part; and (2) Any property of any individual or other person who does not consent to a search or inspection of that property in accordance with the system prescribed by this part. (d) Explosive, incendiary, weapon: Prohibitions and exceptions. (1) Officials or employees of the state of registry of the aircraft who are authorized by that state to carry arms; and (2) Crewmembers and other individuals authorized by the foreign air carrier to carry arms. § 1546.202 Persons and property onboard the aircraft. Each foreign air carrier operating under § 1546.101(e) or (f) must apply the security measures in its security program for persons who board the aircraft for transportation, and for their property, to prevent or deter the carriage of any unauthorized persons, and any unauthorized weapons, explosives, incendiaries, and other destructive devices, items, or substances. [71 FR 30512, May 26, 2006] § 1546.203 Acceptance and screening of checked baggage. (a) Preventing or deterring the carriage of any explosive or incendiary. (b) Refusal to transport. (c) Firearms in checked baggage. (1) The person has notified the foreign air carrier before checking the baggage that the firearm is in the baggage; and (2) The baggage is carried in an area inaccessible to passengers. § 1546.205 Acceptance and screening of cargo. (a) Preventing or deterring the carriage of any explosive or incendiary. (b) Refusal to transport. (c) Control. (1) Prevents the carriage of any unauthorized person, and any unauthorized explosive, incendiary, and other destructive substance or item onboard the aircraft. (2) Prevents access by unauthorized persons other than an authorized foreign air carrier employee or agent, or persons authorized by the airport operator or host government. (d) Screening and inspection of cargo in the United States. (e) Acceptance of cargo only from specified persons. (f) Acceptance of cargo to be loaded for transport to the United States. (g) Screening of cargo loaded inside the United States under § 1546.101(a) or (b). (1) Amount screened. (ii) Not later than August 3, 2010, each foreign air carrier must ensure that 100 percent of its cargo is screened prior to transport on a passenger aircraft. (2) Methods of screening. (3) Limitation on who may conduct screening. (4) The foreign air carrier must verify that the chain of custody measures for the screened cargo are intact prior to loading such cargo on aircraft, or must ensure that the cargo is re-screened in accordance with this chapter. [71 FR 30512, May 26, 2006, as amended at 74 FR 47704, Sept. 16, 2009; 76 FR 51868, Aug. 18, 2011; 76 FR 53081, Aug. 25, 2011] § 1546.207 Screening of individuals and property. (a) Applicability of this section. (b) Locations within the United States at which TSA conducts screening. (c) Foreign air carrier conducting screening. § 1546.209 Use of X-ray systems. (a) TSA authorization required. (1) The system meets the standards for cabinet X-ray systems primarily for the inspection of baggage issued by the Food and Drug Administration (FDA) and published in 21 CFR 1020.40; (2) A program for initial and recurrent training of operators of the system is established, which includes training in radiation safety, the efficient use of X-ray systems, and the identification of weapons, explosives, and incendiaries; and (3) The system meets the imaging requirements set forth in its security program using the step wedge specified in American Society for Testing Materials (ASTM) Standard F792-88 (Reapproved 1993). This standard is incorporated by reference in paragraph (g) of this section. (b) Annual radiation survey. (c) Radiation survey after installation or moving. (d) Defect notice or modification order. (e) Signs and inspection of photographic equipment and film. (2) At locations at which a foreign air carrier or TSA uses an X-ray system to inspect checked baggage the foreign air carrier must ensure that a sign is posted in a conspicuous place where the foreign air carrier accepts checked baggage. (3) The signs required under this paragraph must notify individuals that such items are being inspected by an X-ray and advise them to remove all X-ray, scientific, and high-speed film from accessible property and checked baggage before inspection. This sign must also advise individuals that they may request that an inspection be made of their photographic equipment and film packages without exposure to an X-ray system. If the X-ray system exposes any accessible property or checked baggage to more than one milliroentgen during the inspection, the sign must advise individuals to remove film of all kinds from their articles before inspection. (4) If requested by individuals, their photographic equipment and film packages must be inspected without exposure to an X-ray system. (f) Radiation survey verification after installation or moving. (1) The foreign air carrier's principal business office; and (2) The place where the X-ray system is in operation. (g) Incorporation by reference. http://dms.dot.gov/search http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (h) Each foreign air carrier must comply with the X-ray operator duty time limitations specified in its security program. [67 FR 8377, Feb. 22, 2002, as amended at 69 FR 18803, Apr. 9, 2004] § 1546.211 Law enforcement personnel. (a) At airports within the United States not governed by part 1542 of this chapter, each foreign air carrier engaging in public charter passenger operations must— (1) When using a screening system required by § 1546.101(a), (b), or (c), provide for law enforcement officers meeting the qualifications and standards, and in the number and manner, specified in part 1542; and (2) When using an airplane having a passenger seating configuration of 31 or more but 60 or fewer seats for which a screening system is not required by § 1546.101(a), (b), or (c), arrange for law enforcement officers meeting the qualifications and standards specified in part 1542 of this chapter to be available to respond to an incident and provide to appropriate employees, including crewmembers, current information with respect to procedures for obtaining law enforcement assistance at that airport. (b) At airports governed by part 1542 of this chapter, each foreign air carrier engaging in scheduled passenger operations or public charter passenger operations when using an airplane with a passenger seating configuration of 31 or more and 60 or fewer seats under § 1546.101(c), must arrange for law enforcement personnel meeting the qualifications and standards specified in part 1542 of this chapter to be available to respond to an incident and provide to appropriate employees, including crewmembers, current information with respect to procedures for obtaining law enforcement assistance at that airport. § 1546.213 Access to cargo: Security threat assessments for cargo personnel in the United States. This section applies in the United States to each foreign air carrier operating under § 1546.101(a), (b), or (e). (a) Before a foreign air carrier authorizes and before an individual performs a function described in paragraph (b) of this section— (1) Each individual must successfully complete a security threat assessment or comparable security threat assessment described in part 1540 subpart C of this chapter; and (2) Each aircraft operator must complete the requirements in part 1540 subpart C. (b) The security threat assessment required in paragraph (a) of this section applies to the following: (1) Each individual who has unescorted access to cargo and access to information that such cargo will be transported on a passenger aircraft; or who has unescorted access to cargo that has been screened for transport on a passenger aircraft; or who performs certain functions related to the transportation, dispatch or security of cargo for transport on a passenger aircraft or all-cargo aircraft, as specified in the foreign air craft operator's or foreign air carrier's security program; from the time— (i) The cargo reaches a location where a foreign air carrier operating under § 1546.101(e) consolidates or inspects it pursuant to security program requirements, until the cargo enters an airport Security Identification Display Area or is transferred to another TSA-regulated aircraft operator, foreign air carrier, or indirect air carrier; or (ii) A foreign air carrier under §§ 1546.101(a) or (b) accepts the cargo, until the cargo— (A) Enters an airport Security Identification Display Area; (B) Is removed from the destination airport; or (C) Is transferred to another TSA-regulated aircraft operator, foreign air carrier, or indirect air carrier. (2) Each individual the foreign air carrier authorizes to screen cargo or to supervise the screening of cargo under § 1546.205. [74 FR 47705, Sept. 16, 2009] § 1546.215 Known shipper program. This section applies to each foreign air carrier operating a program under § 1546.101(a) or (b). (a) For cargo to be loaded on its aircraft in the United States, each foreign air carrier must have and carry out a known shipper program in accordance with its security program. The program must— (1) Determine the shipper's validity and integrity as provided in the foreign air carrier's security program; (2) Provide that the foreign air carrier will separate known shipper cargo from unknown shipper cargo; and (3) Provide for the foreign air carrier to ensure that cargo is screened or inspected as set forth in its security program. (b) When required by TSA, each foreign air carrier must submit in a form and manner acceptable to TSA— (1) Information identified in its security program regarding an applicant to be a known shipper or a known shipper; and (2) Corrections and updates to the information upon learning of a change to the information specified in paragraph (b)(1) of this section. [71 FR 30512, May 26, 2006] Subpart D—Threat and Threat Response § 1546.301 Bomb or air piracy threats. No foreign air carrier may land or take off an airplane in the United States after receiving a bomb or air piracy threat against that airplane, unless the following actions are taken: (a) If the airplane is on the ground when a bomb threat is received and the next scheduled flight of the threatened airplane is to or from a place in the United States, the foreign air carrier ensures that the pilot in command is advised to submit the airplane immediately for a security inspection and an inspection of the airplane is conducted before the next flight. (b) If the airplane is in flight to a place in the United States when a bomb threat is received, the foreign air carrier ensures that the pilot in command is advised immediately to take the emergency action necessary under the circumstances and a security inspection of the airplane is conducted immediately after the next landing. (c) If information is received of a bomb or air piracy threat against an airplane engaged in an operation specified in paragraph (a) or (b) of this section, the foreign air carrier ensures that notification of the threat is given to the appropriate authorities of the State in whose territory the airplane is located or, if in flight, the appropriate authorities of the State in whose territory the airplane is to land. [67 FR 8377, Feb. 22, 2002, as amended at 71 FR 30513, May 26, 2006] Subpart E—Screener Qualifications When the Foreign Air Carrier Conducts Screening § 1546.401 Applicability of this subpart. This subpart applies when the aircraft operator is conducting inspections as provided in § 1546.207. [74 FR 47705, Sept. 16, 2009] § 1546.403 [Reserved] § 1546.405 Qualifications of screening personnel. (a) No individual subject to this subpart may perform a screening function unless that individual has the qualifications described in §§ 1546.405 through 1546.411. No foreign air carrier may use such an individual to perform a screening function unless that person complies with the requirements of §§ 1546.405 through 1546.411. (b) A screener must have a satisfactory or better score on a screener selection test administered by TSA. (c) A screener must be a citizen of the United States. (d) A screener must have a high school diploma, a General Equivalency Diploma, or a combination of education and experience that TSA has determined to be sufficient for the individual to perform the duties of the position. (e) A screener must have basic aptitudes and physical abilities including color perception, visual and aural acuity, physical coordination, and motor skills to the following standards: (1) Screeners operating screening equipment must be able to distinguish on the screening equipment monitor the appropriate imaging standard specified in the foreign air carrier's security program. (2) Screeners operating any screening equipment must be able to distinguish each color displayed on every type of screening equipment and explain what each color signifies. (3) Screeners must be able to hear and respond to the spoken voice and to audible alarms generated by screening equipment at an active screening location. (4) Screeners who perform physical searches or other related operations must be able to efficiently and thoroughly manipulate and handle such baggage, containers, cargo, and other objects subject to screening. (5) Screeners who perform pat-downs or hand-held metal detector searches of individuals must have sufficient dexterity and capability to thoroughly conduct those procedures over an individual's entire body. (f) A screener must have the ability to read, speak, and write English well enough to— (1) Carry out written and oral instructions regarding the proper performance of screening duties; (2) Read English language identification media, credentials, airline tickets, documents, air waybills, invoices, and labels on items normally encountered in the screening process; (3) Provide direction to and understand and answer questions from English-speaking individuals undergoing screening; and (4) Write incident reports and statements and log entries into security records in the English language. (g) At locations outside the United States that are the last point of departure to the United States, and where the foreign air carrier has operational control over a screening function, the foreign air carrier may use screeners who do not meet the requirements of paragraph (f) of this section. At such locations the foreign air carrier may use screeners who are not United States citizens. § 1546.407 Training, testing, and knowledge of individuals who perform screening functions. (a) Training required. (b) Use of training programs. (c) Classroom instruction. (d) Screener readiness test. (e) On-the-job training and testing. (f) Knowledge requirements. § 1546.409 Integrity of screener tests. (a) Cheating or other unauthorized conduct. (i) Copy or intentionally remove a test under this part; (ii) Give to another or receive from another any part or copy of that test; (iii) Give help on that test to or receive help on that test from any person during the period that the test is being given; or (iv) Use any material or aid during the period that the test is being given. (2) No person may take any part of that test on behalf of another person. (3) No person may cause, assist, or participate intentionally in any act prohibited by this paragraph (a). (b) Administering and monitoring screener tests. (2) Either TSA or the foreign air carrier must administer and monitor the screener readiness test. Where more than one foreign air carrier or foreign air carrier uses a screening location, TSA may authorize an employee of one or more of the foreign air carriers or foreign air carriers to monitor the test for a trainee who will screen at that location. (3) If TSA or a representative of TSA is not available to administer and monitor a screener readiness test, the foreign air carrier must provide a direct employee to administer and monitor the screener readiness test. (4) An foreign air carrier employee who administers and monitors a screener readiness test must not be an instructor, screener, screener-in-charge, checkpoint security supervisor, or other screening supervisor. The employee must be familiar with the procedures for administering and monitoring the test and must be capable of observing whether the trainee or others are engaging in cheating or other unauthorized conduct. § 1546.411 Continuing qualifications of screening personnel. (a) Impairment. (b) Training not complete. (1) Is closely supervised; and (2) Does not make independent judgments as to whether individuals or property may enter a sterile area or aircraft without further inspection. (c) Failure of operational test. (d) Annual proficiency review. (1) Continues to meet all qualifications and standards required to perform a screening function; (2) Has a satisfactory record of performance and attention to duty based on the standards and requirements in the foreign air carrier's security program; and (3) Demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform screening functions.

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